Sunnyhomes

Responsible for the content of this website:

Sunnyhome GmbH & Sunnyhotel

Holiday flats & apartments

Halskestraße 1
92442 Wackersdorf

Authorised Managing Director:

Florian Fritsch and Johannes Pöllmann

Register court, local court:

Amberg

Register number:

HRB5489

VAT identification number pursuant to § 27a of the German VAT Act:

DE303728629

Person responsible for content pursuant to § 10 (3) MDStV:

SUNNYHOME GMBH (legal entity)

Opening hours:

Mon – Fri: 08:00 – 17:00

Liability notice:

Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

This website was created by:

webts
www.webts.cloud

webts is not responsible for the content of the website.

Terms and Conditions

• 1. Scope of Application
  1.1 These General Terms and Conditions (“Terms”) apply to contracts for the temporary rental of furnished holiday flats, as well as to all related services provided to guests by the operator, Sunnyhome Gesellschaft mit beschränkter Haftung.
  1.2 Deviating terms, even if contained in the general terms and conditions of the guest or the party placing the booking, shall not apply unless expressly acknowledged in writing by the operator.
• 2. Conclusion of Contract
  2.1 The contract (accommodation contract) is concluded when the operator issues a corresponding booking confirmation in response to the guest's booking request. The operator is free to confirm the booking in text form.
  2.2 The contracting parties are the operator and the guest. If the booking was made by a third party on behalf of the guest, the party placing the booking is jointly and severally liable with the guest to the operator for all obligations under the contract, provided the operator has received a corresponding declaration from the party placing the booking. Regardless of this, every party placing a booking is obliged to pass on all booking-relevant information to the guest, in particular these General Terms and Conditions of the operator.
  2.3 The furnished holiday flats are provided for accommodation purposes. Subletting or re-letting the holiday flats, or their use for purposes other than accommodation, requires the prior consent of the operator.
• 3. Rental Period and Services
  3.1 The rental period for the furnished holiday flat provided by Sunnyhome GmbH is binding in accordance with your booking confirmation.
  3.2 The guest may book additional services subject to charge. Details of these additional services and their descriptions can be found on the website (www.sunnyhome.de).
• 4. Arrival and Departure Day
  4.1 The booked holiday flat is available to the guest from 4:00 pm on the agreed arrival day. The guest has no right to earlier provision of the holiday flat.

  4.2 On the agreed departure day, the holiday flat must be vacated by 10:00 am and made available to the operator.

  4.3 In the event of late vacating and return of the holiday flat, the following provisions apply:

  • For withholding the holiday flat beyond the contractual term until 6:00 pm, the guest will be charged €50.00 as a usage fee, or this amount will be deducted from the deposit.
  • For withholding the apartment beyond the contractual term past 6:00 pm on the agreed departure day, the guest is obliged to pay €100.00 as a usage fee.
  • If the apartment continues to be used, the full overnight rate will be charged.

  This does not give rise to any contractual claims on the part of the guest. The operator reserves the right to prove that greater damage has occurred. In this case, the guest is free to prove that the operator has suffered no damage, or significantly less damage, than claimed.

  4.4 Should the flat be required for another guest from 4:00 pm, the following provisions apply:

  • The operator undertakes to contact the guest and grant them a period of 30 minutes to vacate the flat.
  • After this period has expired, the operator reserves the right to safely store the personal belongings at a location of its choosing.
  • The guest then has the option to arrange an appointment to collect their personal belongings.
  • For the additional effort incurred, the operator reserves the right to charge a flat fee of €250.00, or to retain the guest's deposit.

  The operator reserves the right to prove that greater damage has occurred. In this case, the guest is free to prove that the operator has suffered no damage, or significantly less damage, than claimed.

• 5. Prices, Payments
  5.1 The guest is obliged to pay the agreed prices (according to the booking confirmation) for the provision of the holiday flat and any additional services booked prior to their stay. This also applies to services provided by the operator to third parties at the request of the guest or the party placing the booking.
  5.2 Additional services provided by the operator that are subject to charge must be paid in advance at the time of booking.
  5.3 If the guest wishes to extend the contract, the operator is entitled to request an advance payment, at or after agreement of the extension, up to the amount of the expected total price for the extension period.
  5.4 Invoices from the operator without a due date are payable within one week of receipt of the invoice.
  5.5 The acceptance and selection of credit cards is at the operator's discretion in each individual case when a credit card is presented.
  5.6 If the guest defaults on payment of a claim owed to the operator, the operator is entitled to declare all claims against the guest, including any deferred or credited claims, immediately due. In the event of default, the operator is entitled to charge the statutory default interest applicable at the time. The operator reserves the right to prove that greater damage has occurred. A reminder fee of €10.00 may be charged for each reminder issued after default occurs.
  5.7 The operator reserves the right, in the event of non-payment of the agreed services, to have the accommodation vacated without delay at the guest's expense. The guest's belongings will be safely stored at a location chosen by the operator.
  
  
  The guest then has the option to arrange an appointment to collect their personal belongings.
  For the additional effort incurred, the operator reserves the right to charge a flat fee of €250.00, or to retain the guest's deposit.
  5.8 The guest may only offset claims against the operator, or exercise a right of retention, with counterclaims that are undisputed or have been legally established.
• 6. Guest's Right of Withdrawal
  6.1 For bookings cancelled up to 60 days before the arrival day, the guest receives a refund of 100%. For bookings cancelled up to 30 days before the arrival day, the guest receives a refund of 50%. What matters is the timely receipt of the notice of withdrawal by the operator (in writing, by email to booking@sunnyhome24.de or via sunnyhome.de).
  6.2 After the withdrawal period pursuant to clause 6.1 has expired, a withdrawal by the guest from the contract concluded with the operator requires the operator's consent, unless expressly agreed otherwise. If the operator does not consent to the guest's withdrawal, the guest is obliged to pay the agreed price even if the guest does not make use of the contractual services.
  
  
  If the furnished holiday flat is not let to another party, the operator's saved expenses are calculated as a flat rate of 10% of the agreed price, meaning the guest must in this case pay 90% of the agreed price. The guest is free to prove that the aforementioned claim did not arise, or did not arise in the amount claimed.
  6.3 Following a notice of withdrawal from the guest, the operator is entitled to let the booked resource to another party.
• 7. Operator's Right of Withdrawal and Termination
  7.1 For as long as the guest is entitled under clause 6.1 to cancel the contract free of charge, the operator is entitled to withdraw from the contract if another guest has requested the contractually booked holiday flat and the guest, upon enquiry by the operator and after being given a reasonable deadline, does not waive their right to a free-of-charge withdrawal.
  7.2 If a guest fails to pay an agreed advance payment or security deposit requested under clause 5.1, even within a reasonable grace period set by the operator, the operator is entitled to withdraw from the contract.
  7.3 The operator is further entitled to withdraw from the contract or terminate it for good cause without notice. This applies in particular if
  • force majeure or other circumstances beyond the operator's control make it impossible to fulfil the contract;
  • the furnished flat was booked on the basis of misleading or false information regarding material facts, e.g. concerning the identity of the guest;
  • the operator has reasonable grounds to believe that use of the agreed services by the guest may jeopardise the smooth operation of the business, its security, or its public reputation, without this being attributable to the operator's own sphere of control or organisation;
  • there is a breach of clause 1.3 (subletting or re-letting the holiday flat, or its use for purposes other than accommodation, without the operator's prior consent) or the holiday flat is overcrowded.
  • the applicable house rules are not observed by the guest.
  7.4 If the operator's withdrawal or termination without notice was justified, the guest has no claim to compensation.
  7.5. In the event of termination without notice by the operator, the guest must vacate the flat within 12 hours. This period begins upon receipt of the written confirmation of termination (email or post).
  7.6 In the event of a withdrawal or termination without notice by the operator under clauses 7.2 and 7.3, the operator is entitled to demand payment of the agreed price from the guest, provided the guest is responsible for the reason for termination. The guest is free to prove that the aforementioned claim did not arise, or did not arise in the amount claimed.
• 8. Guest's Liability
  8.1 The guest is obliged to treat the holiday flat and the fixtures and fittings contained therein, as well as the operator's common areas and facilities, with care. Furthermore, the guest is obliged to separate and dispose of any waste in accordance with local regulations. The flat must be sufficiently ventilated to prevent the formation of mould. Any damage arising from the aforementioned points may be invoiced or deducted from the deposit.
  8.2 The guest is liable for all damage caused to the operator by the guest themselves, their guests, or other persons for whom they are responsible. This applies in particular to damage to the holiday flat and its fixtures and fittings, the removal of fixtures and fittings, and damage in the operator's common areas.
  8.3 In the event of non-compliance with general fire safety guidelines, the guest is liable for the costs arising from triggering a false alarm.
  8.4 If shared washing machines are provided, the guest is obliged to treat the washing machines and any dryers with care when using them and to observe the rules of use as posted. The guest is liable for all damage caused by improper use of the appliances. This applies in particular to damage to the appliances and related repair costs, as well as consequential damage caused by leaking water.
  8.6 Should defects or malfunctions occur in the operator's services, the guest must report this without delay upon discovery so that the operator has the opportunity to remedy the defects or malfunctions, if applicable. If the guest culpably fails to report a defect to the operator, no claim for a reduction of the agreed fee shall arise. The guest is obliged to contribute what can reasonably be expected of them to help remedy the malfunction and to keep any damage as low as possible.
  8.7 If the keys provided are lost, the guest is liable for the costs incurred for duplicating keys or replacing the lock system. The operator may deduct any costs incurred from the deposit.
• 9. Operator's Liability
  9.1 The operator is liable with the diligence of a prudent businessperson for its obligations under the contract. Claims by the guest for damages are excluded. Excepted from this are
  • damage arising from injury to life, body, or health, where the operator is responsible for the breach of duty,
  • other damage based on an intentional or grossly negligent breach of duty by the operator, and
  • damage based on an intentional or negligent breach of material contractual obligations by the operator.
  • Material contractual obligations are those obligations whose fulfilment is essential to the proper performance of the contract in the first place, and on whose observance the guest relies and may rely.
  A breach of duty by the operator is equivalent to a breach by a legal representative or agent of the operator.
  9.2 For items brought onto the premises, the operator is liable to the guest under statutory provisions for loss, destruction, or damage up to one hundred times the room rate for one night, but at least up to the amount of €600.00 and at most up to the amount of €3,500.00; for money, securities, and valuables, the amount of €800.00 applies instead of €3,500.00. Liability claims expire if the guest does not report the loss, destruction, or damage of items brought onto the premises to the operator without delay (§ 703 BGB). The above limitations do not apply if the loss, destruction, or damage is caused by fault of the operator or its staff, or if it concerns items which the operator has accepted for safekeeping or whose acceptance the operator has refused in breach of § 702 (3) BGB.
  9.3 If a parking space is made available to the guest during their stay, this does not constitute a storage contract. There is no duty of supervision. In the event of loss of or damage to motor vehicles parked or moved on the car park and their contents, the hotel is only liable in accordance with the preceding clause 9.1, sentences 2 to 4.
• 10. Contractual Penalty, Special Notices
  10.1 All holiday flats are non-smoking areas. Smoking is prohibited in all holiday flats. For each violation, the guest is obliged to pay the operator a flat contractual penalty of €250.00. The operator reserves the right to assert higher cleaning and renovation costs; in this case, the contractual penalty will be offset against the costs incurred. The guest is free in this case to prove that no damage, or lesser damage, has occurred. A violation also constitutes a breach of contractual use, which may entitle the operator to terminate the contract without notice.
  10.2 Animals are generally not permitted in any holiday flat, including terraces and balconies. Animals may only be brought by the guest as an exception, with the operator's prior consent and against payment of a surcharge. There is no entitlement to the operator's consent.
  10.3 Lost property or items left behind/forgotten will only be forwarded to the guest upon request and against reimbursement of the costs incurred. Otherwise, the operator will keep the items for a period of 6 months.
  10.4 The operator has the right to enter the flats at any time.
• 11. Final Provisions
  11.1 Amendments or additions to the contract or these terms and conditions should be made in writing. Unilateral amendments or additions by the guest are invalid.
  11.2 The place of performance and payment as well as the exclusive place of jurisdiction for commercial transactions is the registered office of the company:
  
  Sunnyhome GmbH, Am Ahornhof 1, Schwandorf, registered office of the company, or
  11.3 If a contracting party satisfies the requirements of § 38 (2) ZPO and has no general place of jurisdiction domestically, the registered office of the company shall be deemed the place of jurisdiction: Sunnyhome GmbH, Am Ahornhof 1, 92421 Schwandorf.
  11.4 The law of the Federal Republic of Germany applies. The applicability of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
  11.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions apply.
• 12. Deposit
  The operator is free to request a deposit for the rented holiday flat. The deposit must be paid together with the invoice amount before check-in.
  The deposit will be transferred back in full after inspection of the flat, provided there are no complaints. Otherwise, the operator reserves the right to retain the deposit in the event of disproportionate soiling of the flat or damage to the flat. For the return transfer of the deposit, the operator reserves the right to apply the usual processing time for invoices — on average 14 days from the departure date.
• 13. Internet Terms of Use
  13.1 Permission to Use an Internet Connection via WLAN
  
  The landlord maintains an internet connection via WLAN in its holiday property. The landlord permits the tenant to share the use of the WLAN access to the internet for the duration of their stay in the holiday property. The tenant does not have the right to permit third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability, or reliability of the internet connection for any purpose. The landlord is entitled at any time to permit further co-users, in whole, in part, or temporarily, to operate the WLAN, and to restrict or exclude the tenant's access, in whole, in part, or temporarily, if the connection is or has been misused in violation of the law, insofar as the landlord must otherwise fear being held liable and this cannot be prevented with reasonable and customary effort within an appropriate time. In particular, the landlord reserves the right, at its reasonable discretion and at any time, to block access to certain pages or services via the WLAN (e.g. pages glorifying violence, pornographic pages, or pages that charge a fee).
  13.2 Access Data
  
  Use is subject to access security. The access data (login and password) must under no circumstances be passed on to third parties. If the tenant wishes to grant third parties access to the internet via the WLAN, this is strictly subject to the landlord's prior written consent and to the third party's documented acceptance — by signature and full identification — of the provisions of this usage agreement. The tenant undertakes to keep their access data secret. The landlord has the right to change access codes at any time.
  13.3 Risks of WLAN Use, Limitation of Liability
  
  The tenant is advised that the WLAN only provides access to the internet; virus protection and a firewall are not provided. Data traffic generated using the WLAN is unencrypted. The data may therefore potentially be viewed by third parties. The landlord expressly points out that there is a risk of malicious software (e.g. viruses, trojans, worms, etc.) reaching the end device when using the WLAN. Use of the WLAN is at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media arising from the use of the internet connection, unless the damage was caused intentionally or through gross negligence by the landlord and/or its agents.
  13.4 Responsibility and Indemnification from Claims
  
  The tenant is solely responsible for the data transmitted via the WLAN, for any chargeable services used, and for legal transactions entered into via it. If the tenant visits chargeable websites or enters into obligations, the resulting costs are to be borne by the tenant. The tenant is obliged to comply with applicable law when using the WLAN. In particular, the tenant will:
  
  • not use the WLAN to access or distribute content that is immoral or unlawful;
  • not unlawfully reproduce, distribute, or make available copyrighted material; this applies in particular in connection with the use of file-sharing programs;
  • observe the applicable regulations for the protection of minors;
  • not send or distribute any harassing, defamatory, or threatening content;
  • not use the WLAN to send mass messages (spam) and/or other forms of impermissible advertising. The tenant indemnifies the landlord of the holiday property against all damages and claims by third parties arising from unlawful use of the WLAN by the tenant and/or from a breach of this agreement; this also extends to costs and expenses associated with the assertion or defence of such claims. If the tenant recognises, or ought to recognise, that such an infringement of rights and/or breach exists or is imminent, they shall notify the landlord of the holiday property of this fact.